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Warnings and dismissals

How to handle suspensions, issue a final written warning and protect yourself from wrongful dismissal claims.

 

Not all misconduct is equal.  

A good place to start with actions of minor misconduct, is an informal conversation.

Whether it is a clear-cut situation such as someone who is defying the rules, or something more problematic like persistent lateness you will need to spend time to assess the best way forward.

In cases where you suspect misconduct or gross misconduct or your informal attempts at dealing with minor misconduct have not been effective, you will need a more formal approach using a disciplinary procedure. This will involve:

  • an investigation
  • followed by a formal meeting
  • a decision will be made to issue a first written warning, a final written warning or in serious cases, a dismissal.

In some cases, you may want to suspend the employee, which can be a daunting task.

This may be your first time facing a situation like this, or you might be more experienced, in either case some assured advice can help you to feel confident in your actions.

Be consistent in applying your HR policies and procedures.

This is good practice for any business plus it will stand you in good stead should you ever find yourself defending a tribunal claim.

 

How HR savvy can help

From start to finish, we will guide you through the correct procedures to create the optimum outcome for your business. We deliver our advice in plain English, so you feel more in control of the process.

When we are involved from the outset, we will help you build the strongest case possible, by making sure your disciplinary documentation is flawless.

We will deliver on-site HR support at formal disciplinary meetings and advise you of your best options in more complex cases.

We will treat your case specifically on its own merits, taking into account your particular business environment and your desired results. You will feel confident that we are on your side ensuring you make optimal decisions every step of the way.

 

For more information on how to engage our services, view the Pay As You Go and Annual Support Packages pages.

Nicola Headshot Bw
Nicola Scott
Employment Law Specialist
01772 914085
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Frequently asked Questions

Q. What is the difference between misconduct and gross misconduct?
A. Misconduct is used to describe actions that are serious and unacceptable to continue. Examples of Misconduct are: Being late for work High levels of sickness absence Wasting t...
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Q. What steps should I follow to issue a written warning?
A. Follow our SIMPLA model: Suspend (only if Gross Misconduct is suspected) Investigate the incident Meet to discuss the evidence Pause to consider your response Let them know ...
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Q. What steps should I follow to dismiss/sack someone?
A. Follow our SIMPLA model:- Suspend (only if Gross Misconduct is suspected) Investigate the incident Meet to discuss the evidence Pause to consider your response Let them know...
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